1. Indiana Update 2013 Tri-State Electric Utility Environmental Meeting May 15, 2013 Thomas W. Easterly, P.E., BCEE, Commissioner Indiana Department of Environmental Management 1

2. IDEM’s Mission Protecting Hoosiers and Our Environment While Becoming the Most Customer-Friendly Environmental Agency IDEM’s mission is to implement federal and state regulations to protect human health and the environment while allowing the environmentally sound operations of industrial, agricultural, commercial and government activities vital to a prosperous economy. 2

3. Performance Metrics March 2013 ResultTargetComments Quality of Hoosiers' Environment % of Hoosiers that live in counties that meet air quality standards 94.92%100%80% Muncie Lead; Ozone in Clark, Floyd, Greene and Laporte Counties % of CSO Communities with approved programs to prevent the release of untreated sewage 98.15%100%90% 97+9 (106) out of 99+9 (108). Not Gary or Mishawaka % of Hoosiers that receive water from facilities in full compliance with safe drinking water standards 99.34%99%95% Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute* Land24,58136,15940,413 42,450 statutory Air46,04050,36056,285 59,247 statutory Water33,38158,44665,322 68,760 statutory * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards* Inspections97.28%97%75% Self reporting96.29%99%95% Continuous monitoring (COM)99.83%99.9%99.0% * Tracks observations and not just inspections 3

4. 4 Performance Metrics June 2005 Quality of Hoosiers' EnvironmentResultTargetComments % of Hoosiers in counties meeting air quality standards 61%100%80% 12 counties & 2,408,571 of 6,195,643 above standard % of CSO Communities with approved programs to prevent the release of untreated sewage 4%100%20%75% by 2007 is goal Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute* Land 100,01366,56586,864 Air 511,000207,000385,000 Water 301,00048,000200,000 * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards* Inspections 95.46%97%75% Self reporting 97.11%99%95% Continuous monitoring (COM) 99.19%99.90%98.95% * Tracks observations and not just inspections Organizational Transformation Budgetary agency dollars spent on key outside contracts for core agency functions. Dollars spent on outside services per year $6,179,367$0$3,447,017

5. 5 IDEM Backlogs Eliminated On January 10, 2005, there were 263 administratively extended NPDES permits and 289 unissued Title V permits. All of those have been issued and IDEM now issues permits using less than 85% of the statutorily allowed days. On January 10, 2005, there were 250 unresolved enforcement cases over 2 years old. Now the oldest referral on our tracking list is June, 2010.

6. 6 Permits--Percent of Statutory Days

7. 7 Water Quality

8. Why is the Economy Important to the Environment? 8

9. Pilot 2006 Environmental Performance Index Yale Center for Environmental Law & Policy Yale University Center for International Earth Science Information Network (CIESIN) Columbia University http://www.yale.edu/epi/ 9

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11. Wealth matters. The Environmental Health scores, in particular, reveal a significant relationship with GDP per capita. EPI scores more generally also correlate with wealth, although there is a diversity of performance within every level of economic development. Policy Implications of the 2012 EPI 11

12. New Air Quality Standards Since the end of 2009, new air quality standards have resulted in U.S. EPA designating the following new nonattainment areas: –Lake and Porter Counties Ozone (2008 standard) –Lawrenceburg Township (Dearborn County) Ozone –City of Muncie Lead 12

13. New Air Quality Standards All monitors in Indiana currently meet the 100 ppb short term NO x standard established in 2010. A number of townships in five counties will likely be designated as nonattainment for the 1-hour, 75 ppb SO 2 standard established in 2010. 13

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16. New PM 2.5 Standard The new annual standard is 12 micrograms per cubic meter which is a 20% reduction from the previous 15 micrograms per cubic meter standard. Standard became effective March 18, 2013. New nonattainment designations likely in early 2015. 16

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18. 18 Protection of Downwind States In April, 2005, U.S. EPA had designated 474 counties in the eastern U.S. as nonattainment for the ozone standard and 208 counties as nonattainment for the PM 2.5 air quality standards. At that time, U.S. EPA projected that, in the absence of the Clean Air Interstate Rule (CAIR), over 100 eastern U.S. counties would still not meet standards by 2012.

19. 19 Protection of Downwind States CAIR was issued in May 2005 to address the impacts of transported air pollution in 28 eastern states. The CAIR regulation was remanded to U.S. EPA in December 2008 and was replaced by the more stringent Cross States Air Pollution Regulation (CSAPR) in August, 2011. CSAPR’s projected compliance costs exceeded CAIRs by $800 million per year.

20. 20 Protection of Downwind States OzonePM 2.5 EPA Designated Nonattainment Counties, April 2005 474144 EPA predicted 2010 Nonattainment Counties without CAIR or CSAPR (based upon 2005 Air Quality) 4079 EPA predicted 2010 Nonattainment Counties with CAIR 3228 Measured Nonattainment Counties in 2010 (both influenced by local sources) 11

21. 21 Air Quality Compared to CSAPR Goals 2008 to 2010 Attains Does Not Meet the PM Standards Does Not Meet the Ozone Standard Does Not Meet Ozone and PM Standards Location of the State Capitals State Boundaries

22. 22 Protection of Downwind States Actual measured air quality demonstrates that CAIR, with an estimated annual cost of $1.6 billion per year, adequately addresses transported air pollutants for the air quality standards that existed in 2010. The additional $800 million per year that CSAPR is estimated to cost is an unnecessary burden on U.S. utility ratepayers, and the courts have overturned CSAPR.

23. 23 Protection of Downwind States CAUTION!!!While CAIR adequately addresses the air quality standards that existed when it was developed, U.S. EPA has since lowered both the ozone standard (now 0.075 ppm) and the PM 2.5 standard (now 12 micrograms per cubic meter). The next maps show how the lower ozone standard compares to the measured air quality— since the new PM 2.5 standard did not become effective until 2013, its impact does not show on these maps.

24. 24 State of the Air Status 2008 to 2010 Attains Does Not Meet the PM Standards Does Not Meet the Ozone Standard Does Not Meet Ozone and PM Standards Location of the State Capitals State Boundaries

25. 25 Attains Does Not Meet the PM Standards Does Not Meet the Ozone Standard Does Not Meet Ozone and PM Standards Location of the State Capitals State Boundaries Ozone and Particulate Air Quality 2009 to 2011

26. 26 CO 2 (Greenhouse Gasses) In April 2012, U.S. EPA proposed New Source Performance Standards (NSPS) for Greenhouse Gas (GHG) Emissions for certain Electric Utility Generating Units (EGUs). The rules only apply to large new fossil fired Electrical Generating Units in the continental United States. −Simple cycle gas turbines are exempt (even though the more efficient ones currently meet the rule).

27. 27 CO 2 (Greenhouse Gasses) Combined cycle gas turbines will meet the rule. Coal fired units will not meet the rule without using carbon capture and storage. Carbon capture and storage: −is not yet commercially available, −has not yet been demonstrated at commercial scale, and −is likely to be prohibitively expensive.

28. 28 CO 2 (Greenhouse Gasses) Is a rule which effectively prohibits the construction of new electrical generating facilities that use coal in the United States going to make a significant difference in emissions? The National Academy of Sciences report, “America’s Climate Choices” recommends that actions be taken now to start reducing U.S. greenhouse gas emissions to levels between 50% and 80% below 1990 levels.

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30. CO 2 (Greenhouse Gasses) In the spring of 2012, the Environmental Council of the States (ECOS) passed resolution 12-1, “Challenges of Achieving Significant Greenhouse Gas (GHG) Emissions Reductions.” A copy of this resolution is available at: www.ecos.org/files/4711_file_Resolution_ 12_1_Challenges_of_GHG_reductions.doc 30

31. 31 CO 2 (Greenhouse Gasses) The resolution requests that the U.S. EPA develop one or more scenarios that will produce an 80% reduction in GHG emissions nationally, from a 2005 baseline, in 2050 or beyond; and to conduct an analysis of the costs and the benefits associated with each such scenario along with an estimate of the costs and benefits of not obtaining these GHG reductions.

32. 32 CO 2 (Greenhouse Gasses) U.S. EPA has decided not to spend the resources required to develop the requested scenario, but rather to develop rules to reduce GHG emissions, even if these rules do not materially reduce U.S. emissions. The NSPS for EGUs effectively bans new coal fired facilities in the U.S. without any public plan to actually reduce U.S. (or world) GHG emissions to the levels advocated by the National Academy of Sciences.

33. 33 Questions? Tom Easterly Commissioner Indiana Department of Environmental Management (317) 232-8611 teasterly@idem.IN.gov